Week of July 5-11, 2002

Summary: Welcome to the Kenya Election Watch’s Weekly Updates! In this section, we provide our readers with summaries of news stories covering the election, constitutional reform, and related issues culled from Kenya’s two major daily newspapers: The Daily Nation; and The East African Standard. Each month, we pick out the major events from these weekly updates and post them on the main Kenya Election Watch page, along with one or two analysis pieces. The “week” period normally covers Fridays to Thursdays (this first update is exceptional in that part of last week was covered in our monthly round-up) . We also provide a brie f summary of the major trend or event of the week. For more information or comments, contact Kenya Election Watch editor Cathy Majtenyi at: cathymaj@hotmail.com

The spotlight this week is on the opposition. Divisions between opposition parties surfaced during celebrations of the anniversary of Saba Saba, a rally that took place on July 7, 1990 at the Kamukunji grounds in Nairobi. The event is seen as a symbol of the common people rising up against government repression. Saba Saba also paved the way for multiparty politics. Commentators observe that the opposition missed a golden opportunity to unite and urge Kenyans to reject moves to extend the life of the current Parliament and delay the elections. The NAC-KPC split has also widened, with leader Simeon Nyachae’s declaration that the two will not merge. Also, this week saw President Moi and other government members react strongly to earl ier statements made by t he British and American governments that elections should proceed as planned and that the life of Parliament should not be extended. The Kenya government is apparently very touchy when it comes to international opinion about its actions.

Acronyms

All throughout the chronology and updates are sprinkled acronyms referring to various committees, commissions, political movements, etc. Here, we spell out these acronyms and provide some brief background information. 

CKRC = Constitution of Kenya Review Commission. Chaired by Prof. Yash Pal Ghai, the 27-member group collects the views of a wide cross-section of Kenyan groups and individuals. The commission is supposed to present Kenyans with a new constitution on October 4.

PSCCR = Parliamentary Select Committee on Constitutional Review. Chaired by Raila Odinga, Minister of Energy, the committee monitors the work of the Constitution of Kenya Review Commission (CKRC).

KANU = Kenya African National Union, the party that has ruled Kenya since independence. Daniel arap Moi is the president of Kenya.

NAC = National Alliance for Change. This is a grouping of the Democratic Party, FORD-Kenya, National Party of Kenya (NPK), FORD-Asili, the unregistered Saba Saba Asili, SPARK, and several advocacy groups. The group is striving to field one presidential candidate.

KPC = Kenya People's Coalition. This is a grouping of FORD-People, Safina, the Labour Party of Kenya, and the National Convention Executive Council (NCEC).

MPs = Members of Parliament. Currently, the House contains a total of 222 MPs.

Events

The Daily Nation, July 5 - The United States adds its voice to the mounting demands for a December general election. "A commitment to timely elections under the rules of the present Constitution will be regarded by the international community as proof of Kenya's maturity and standing as a constitutional democracy," says U.S. Ambassador Johnnie Carson. But as he says this, President Moi, speaking 158 kms away in Nakuru, tells foreigners to keep off Kenya's internal affairs. And a minister in the Office of the President Julius Sunkuli insists that onl y Parliament could decid e whether or not the elections should be postponed.

The Standard, July 5 – NAC announces that it plans to hold a “million people’s” march to Parliament to thwart KANU’s move to extend the life of the current Parliament. NAC spokesman Noah Wekesa says that the march, whose date is to be announced later, will be in protest against the move to bring a motion to Parliament to amend the Constitution to facilitate the extension.

The Daily Nation, July 5 - Ministers who fail to show up in Parliament to answer questions will be sent out of the Chambers, says Deputy Speaker Joab Omino. Omino describes as "defiance" the failure by any minister or an assistant to appear before the House to answer questions. He says he is angry that, despite constant warnings from the Speaker, Cabinet ministers continue to absent themselves from the House. Omino issues the warning following Office of the President Minister Shariff Nassir's failure to appear in the House to answer a question by Mw angi Kamande (Maragua, DP). 

The Daily Nation, July 5 – President Moi says foreigners should keep off Kenya's affairs. He says this after the British and American envoys oppose the extension of Parliament. "Nobody outside Kenya can decide Kenya's future,” President Moi was quotes as saying. “Let everybody humble themselves to the dignity of Kenyans. Even if we are poor, we should be allowed to move forward with our dignity as we assist one another." He accuses he International Monetary Fund and the World Bank of oppressing, marginalising and twisting Kenyans around. Also, Kitutu Masaba MP George Anyona seeks a ministerial statement on the behaviour of envoys, saying it was unacceptable for them to comment on matters touching on the independence of Parliament and Kenya's sovereignty.

The Standard, July 5 – The Steering Committee of the Ufungamano Initiative says the question of the extension of the life of Parliament is a non-issue, which should not be up for discussion at all. Committee members note that the law clearly states that Kenyans will have an opportunity to elect their leaders after every five years. “A Parliament that has failed to entrench the Constitution of Kenya Review Act into the Constitution lacks the moral and political authority to even raise the subject of extension in the first instance,” they observe. They reiterate their position that elections be held before the expiry of the final term of the President on January 4, 2003.

The Standard, July 5 – KANU members, who did not attend the Ufungamano Initiative on the Constitutional Review Process Forum, say that KANU will press ahead with its campaign to extend the life of Parliament. A KANU document – titled 'Why General Elections Ought to be Conducted Under a New Constitutional Dispensation' – circulated at the meeting states that the party "would fiercely ensure that the elections are held under a new constitution.” The forum’s facilitator, Reverend Mutava Musyimi, the secretary-general of the National Council of Churches of Kenya (NCCK), calls on the ruling party to adhere to the election timetable and stop the maneuvers to extend the life of Parliament.< /SPAN>

The Daily Nation, July 5 – CKRC secretary Patrick Lumumba says a draft Constitution will be ready by early September. He says the commission had completed analysing data from four provinces and staff is working 24 hours to hasten the process. In addition to a draft constitution, a report of views from each constituency will be made available, he says. As he spoke, Opposition political parties and the civil society formed a group to counter As he spoke, a group calling itself the Constitutional Crisis Committee – made up of NAC, KPC, and civil society members – countered KANU's plan to extend the life of Parliament.

The Daily Nation, July 5 - Cabinet Minister Nicholas Biwott tells a CKRC meeting that Kenya needs an executive presidency. The Trade and Industry Minister, who is also KANU's organising secretary, also recommends that < SPAN lang=EN-GB style="F ONT-FAMILY: Arial; FONT-SIZE: 11pt; mso-bidi-font-size: 12.0pt">the new constitution make it illegal for leaders elected in certain political parties and sworn in from crossing over until their parties are dissolved. He says the 25 per cent simple majority votes needed from five of the eight provinces for a presidential candidate should be maintained, and terrain and area sizes, and not population alone, should be used in determining electoral boundaries. Civic authorities, he says, should be given more powers to manage resources in their areas, and another provincial body should be formed to coordinate services and local issues that could not go beyond the provinces. He says land title should be free hold, and locals should be allowed to administer trust land in their areas. He adds that land issues should be administered locally, and local courts formed to handle cases as per locals' customary law.

The Daily Nation, July 5 – Today’s editorial says that recent statements by U.S. and British envoys condemning moves to extend the life of Parliament actually convey the repressed views of ordinary Kenyans. “When you have a government and a ruling party that will routinely ignore its own people's aspirations, a little shove from Big Brother might provide a timely reality check,” it says.

Saturday Standard, July 6 – The Kenya government threatens to sever diplomatic relations with countries who meddle in Kenya’s internal affairs in light of comments made by the British High Commission and the American ambassador urging the Kenyan government not to extend the life of Parliament and to hold the general election in December as scheduled. In a statement issued by the Ministry of Foreign Affairs, the Kenyan government said the utterances by some foreign envoys on local issues “violates the rule of diplomatic etiquette.” Two government ministers say that, according to the 1961 Vienna Convection on diplomatic relations, diplomats interfering in the internal matters of their host countries risk expu lsion. “It is therefore a matter of concern that from time to time, some diplomats based in Nairobi have chosen to abuse the privileges and immunities accorded to them by the Kenyan Government,” say assistant ministers Mohammed Affey and Peter Odoyo.

 Saturday Standard, July 6 – The German government detaches itself from the debate on KANU’s proposal to extend the life of Parliament, saying that the decision to extend the life of the current Parliament and postpone the date for the next elections was purely a Kenyan affair. “I will not comment on the actual discussion on the possible extension of Parliament and the date for elections,” says the German Ambassador to Kenya, Jurgen Weerth. “I share the President’s view that this is an entirely Kenyan subject.” However, he says there is room for improvement on Kenya’s reputation abroad, and that Kenya has a huge economic potential and can do be tter than what they are offering.

Saturday Nation, July 6 – KANU’s point person in the campaign to extend the life of Parliament, appeared to soften his stand yesterday. Otieno Kajwang', the ruling party's secretary for legal and constitutional affairs, says if CKRC completes its work by the end of the year, there would be no need to extend Parliament. He was responding to comments by Yash Pal Ghai, CKRC chairman, that a draft constitution could be ready by early September. Asked whether KANU will soon table a Bill to extend Parliament, Kajwang' said a decision would be made after recommendations from the PSCCR on the review were discussed in the House.

Saturday Standard, July 6 – In a question-and-answer interview, Assistant Foreign Affairs Minister Mohamed Affey says that one of the reason why KANU held a rally at Kamukunji grounds in Nairobi, a traditional rallying point for the pro-democracy movement, was to prove that KANU exists in Nairobi as well as everywhere else in the country, and that Nairobi is not merely an opposition zone. He denies rumours that people were ferried in and paid to attend the rally. He says KANU is planning to capture most, if not all, Parliamentary seats in Nairobi, and calls the opposition weak and dis jointed. The extension of Parliament is not merely a KANU matter but has been expressed by a broad cross-section of MPs and Kenyans, he explains. MPs who signed a petition opposed to the motion of extending Parliament are “mischievous people,” he says.

Saturday Nation, July 6 – Cabinet minister Nicholas Biwott is booed and jeered at a public hearing into the constitution review, leading to a showdown between him and nominated Democratic Party MP Tabitha Seii. The booing broke out when Biwott, the Minister for Trade and Industry, told CKRC commissioners: "Natural resources are dear to people and me." [Biwott had been criticized last year for grabbing forestland to build a monument to his mother]. He is also booed when he says civic education has been conducted peacefully and satisfactorily. [He had been accused of breaking up civic educat ion meetings in his area ]. He recommends that the general election be held under the new constitution; the office of Prime Minister should be set up; and there should be a federal government. Seii, meanwhile, told the commissioners that constituents had been harassed and intimidated and should be given a chance to cheer her, since they would no get another chance. She says public utilities allocated to politically correct people should be repossessed. She also rules out federalism, saying it would ignite tribal clashes, and calls for the outlawing of land tribunals, because they are manipulated and are unfair. 

Saturday Nation, July 6 – Those attending a CKRC hearing at Kabarnet in Baringo District tell the commission that the vice-president, who should not be an MP, should be elected directly, while appointments to the Cabinet should be vetted by Parliament. A student attending the hearing suggests that the vice-president be a member of a senate and that the new constitution provide for a national assembly, regional assemblies, and a senate to be made up of representatives of local councils or districts. The president should appoint his ministers regardless of their political inclinations a nd parastatal chiefs sho uld be answerable to a board appointed by a minister, he proposes.

Saturday Nation, July 6 – Today’s editorial urges MPs to “demonstrate they are willing to do an honest day's work” in light of their many absences in the House, highlighted earlier in the week (see last week’s update). It recommends that Parliament consider a way to force MPs and ministers to attend Parliament all the time and on time. 

Saturday Nation, July 6 – The other editorial for today says that the 12th anniversary of the Saba Saba (July 7) uprising should provide a “rallying point” for the opposition “to take stock of the gains that have been made from the lives that were sacrificed in the struggle. It is on this basis that we expect the Opposition to be making plans to mark the day, albeit in different styles and venues.” It urges politicians and others not to use the day to settle old political scores or otherwise incite violence and disruption.

Saturday Standard, July 6 – President Moi says that the Netherlands has not been treating Kenya well and wonders whether that country wants Kenya to be unstable to deserve development assistance. He notes that Kenya has been peaceful and stable since independence and deserves to be assisted. President Moi makes these comments as he bids farewell to outgoing Netherlands ambassador to Kenya, Gertjan Storm. He also receives the Rwandese envoy, Seth Ezri Kamanzi, saying that the two countries enjoy good relations, and asks that the Rwandese embassy verify and authenticate claims that the Rwanda genocide criminals are being harboured in Kenya.

Saturday Standard, July 6 – MPs Peter Maundu (Makueni) and John Mutinda Mutiso (Kilome) say Cabinet Minister Kalonzo Musyoka should be named President Moi’s successor. They say that the Minister of Information and Tourism is an experienced MP and is well educated, with a vast exposure politically, socially, and economically.

Sunday Nation, July 7 - Simeon Nyachae, head of the Kenya People’s Coalition, deals a severe blow to the dream of opposition unity in the run-up to the general election by announcing that his group will not merge with the rival opposition group NAC to field a joint presidential candidate against KANU. "We are not interested in getting into an alliance with any group as we know what we want and are ready to achieve it," the Nyaribari Chache MP and head of Ford-People, is quoted as saying. Reacting to Nyachae's snub, NAC termed Nyachae a "spoiler out to divide the opposition vote.” The chair man of NAC's coordinatin g committee, Noah Wekesa, was quoted as saying: "All Kenyans believe that only a united Opposition can dislodge KANU from power but Mr Nyachae seems to have a different perception."

Sunday Nation, July 7 – The opposition divides itself over where and how to commemorate the pro-democracy riots (commonly called Saba Saba) that forced the government to accept multipartysm a decade ago. One group plans to be at the Kamukunji Grounds, Nairobi, for a rally, a week after KANU held one there, while another group plans to hold prayers.

Sunday Standard, July 7 - Shinyalu KANU branch vice-chairman Pius Amahwa opines that National Assembly Speaker Francis Ole Kaparo will be a suitable replacement for President Moi when his term of office expires. He explains that Kaparo will be a neutral candidate, as he is not affiliated to any political party. He says that Kaparo’s consistency in Parliament for the period he has been Speaker of the National Assembly was enough proof he is capable of leading the country, and that picking anyone among the KANU leaders touted as potential successors of President Moi would split the party in the middle.

Sunday Nation, July 7 - President Moi should not assume Kenyans will automatically back the person he names as his preferred successor, says Anglican Archbishop David Gitari. He says this statement as Kisumu KANU chiefs call a press conference at which they opposed President Moi's plan to handpick the next Head of State. Dave Okwach (vice-chairman), Samuel Nyabinda (secretary), Isaiah Onyango (organising secretary) and Aduma Owuor (provincial representative) say the ruling party should stick to its constitution, "which stipulates that KANU's presidential candidate will be chosen by the Presidential Nomination Council… We are opposed to the idea of nominating a candidate by any single party official regardless of his status or position," the Kisumu leaders said, citing Article 22 of the new KANU constitution. 

Sunday Standard, July 7 - President Moi’s term should be extended to enable him to complete the constitutional reform, says Garissa Mayor Siyad Osman. Speaking in Nairobi, Osman says it is only under the leadership of President Moi that Kenyans can realise their long cherished dream of a new constitution. If the opposition assumes power under the old constitution, they might refuse to change the constitution, he says. 

Sunday Nation, July 7 – In a commentary appearing in today’s Nation, writer Mutuma Mathiu says that the international press is correct in its lambasting of President Moi’s moves to extend Parliament and the MPs’ “irresponsible and immoral wage rise.” Mathiu notes that the Washington Post accuses President Moi of being a "strongman" who rules "with a mixture of malfeasanc e and brutality.” It also says that President Moi is, in effect, “bribing” the House to go along with his plan to extend the life of Parliament: "Buried in the new budget his government released several weeks ago is a 930 per cent salary increase – that's right, nine times the present pay for members of Parliament. In a country where nearly 60 per cent of the population lives on less than $1 a day, legislators will now make $144,000 a year, or $12,000 for every month they extend the parliamentary, and presidential, term," the editorial said. And it explains the reason for that by pointing out that it would give the President the opportunity to celebrate the 25th anniversary of his rule in office, says Mathiu. Mathiu also points out critical coverage in The Telegraph and The Economist  

Sunday Nation, July 7 – In a commentary appearing in today’s Nation, writer Dennis Onyango says that President Moi, in a bit to deflect the fact that he is trying to hang onto power, is blaming foreigners instead for bringing problems to Kenya. Onyango notes how, on Thursday, President Moi said Kenyans have been oppressed, sidelined, and twisted around by the World Bank and the International Monetary Fund and must move forward on their own. Yet, the opposition is doing nothing to explain to the people the wider significance of these events and to present their alternative agenda. “The Opposition should have pushed KANU to the wall by showing that they will not pursue isolationist politics that portrays other global players as the enemy rather than partners,” he writes.

Sunday Nation, July 7 – In a commentary appearing in today’s Nation, lawyer Maina Kiai argues that the United States government should oppose much more firmly KANU’s move to extend Parliament. “We certainly want to hear the voice of the Secretary of State, at least, condemning any moves to continue thwarting the efforts of Kenyans for change,” he writes. “This [the U.S.] is a country, which values freedom, change and transition, on the basis that too much longevity in power is dangerous. As Kenya heads into an u ncertain time, this is the message that needs to be sent, and sent strongly, consistently and from the highest levels.”

Sunday Nation, July 7 – In a commentary appearing in today’s Nation, political scientist Mutahi Ngunyi asks President Moi four questions, “because he is beginning to look like President Robert Mugabe of Zimbabwe.” First, “After 24 years as President, is it worth becoming a "Mugabe" for the sake of an extra three months? Is it worth demonising your 24-year record by making a fundamental revision to the Constitution to extend Parliament’s life from February to May, as your party has suggested?” writes Ngunyi. Second, is President Moi actually in favour of extending Parliament, even though he insists that Parliament is independent of the Presidency? Third, why is President Moi showing o utward reluctance to ext end Parliament or even to name his successor? Fourth, if the CKRC has said it can deliver a new constitution by December, why would be the purpose of extending Parliament?

Sunday Nation, July 7 – In a question-and-answer interview, Social Democratic Party (SDP) chairman James Orengo talks about the significance of the rally to commemorate the Saba Saba riots (pro-democracy demonstrations that took place on July 7, 1990, which paved the way for multi-party politics in Kenya). Orengo says the bid to extend the life of Parliament is self-serving, and that if there is no new constitution, elections can be held under the old one. He also says its healthy for opposition parties to hold differing views, saying that past experience has shown that when opposition uni ty is sought by identify ing a single candidate, this has never really succeeded.

The Daily Nation, July 8 – The split in the opposition widens as rival factions attend different Saba Saba [July 7] day ceremonies in Nairobi yesterday. [The Saba Saba uprising took place on July 7, 1990, when government arrested and held the organizers of a protest rally held at the Kamukunji grounds. The event is seen as a symbol of the common people rising up against government repression and paving the way for multiparty politics]. Leaders of the Social Democratic Party, the National Executive Council, and Safina address a poorly attended rally at Kamukunji grounds in Nairobi, while MPs allied to NAC join worshippers at All Saints Cathedral in Nairobi. The Kamukunji rally gave President Moi a 30-day ultimatum to announce his retirement date or face public pres sure through mass action Even in prayers, the factions went their different ways. The Kamukunji group, which included MPs James Orengo, Paul Muite, and Moses Muihia, avoided All Saints and instead attended prayers at St Stephen's Anglican Church in another part of the city.

The Standard, July 8 - Bishop Anthony Ireri, auxiliary bishop of Nairobi Archdiocese, asks Parliament not to extend its term if a new constitution will not be ready before the general election. The Catholic Church states that it is unconstitutional for the life of Parliament to be extended in the name of constitutional review. “If we won’t have a new constitution before the elections, let us proceed to elections under the current constitution and let the next government formulate the new constitution,” Bishop Ireri was quotes as saying. Meanwhile, Minister of State Julius Sunkuli says KANU will not backtrack on its bid to extend the current Parliament’s term.

The Daily Nation, July 8 – Opposition MPs lobby all MPs to boycott the House if a bill to prolong the House is tabled, reveals Kangema MP John Michuki. He says that the boycott idea had been discussed and agreed upon as the last alternative. He says his 83 colleagues who had signed a petition to oppose the extension plans would ensure Parliament did not get the 65 percent vote it requ ired for the bill to sail through. "Any MP who remains in the House during voting will be known to have been compromised and the electorate will give him a bitter pill come the elections," he said at a fundraiser. Opposition MPs also say they will defeat a government plan to create 90 more constituencies. Led by Opposition Chief Whip Norman Nyagah, they said they had started lobbying among their KANU colleagues to ensure that the plan did not get Parliamentary approval. Nyagah claims the move is a plot by KANU to create c onstituencies in its str ongholds ahead of the general election.

 The Daily Nation, July 8 – MP Materi Keriri says NAC will dislodge KANU from power without the support of Ford-People presidential candidate Simeon Nyachae [who heads NAC’s rival, Peoples’ Coalition]. "Our common enemy is KANU and not Nyachae. All along he has not been with us and his decision to continue keeping away is his right," Keriri was quoted as saying. Keriri is the author of NAC’s economic blueprint. Nyachae, meanwhile, has ruled out a pact between NAC and the Kenya People's Coalition to field one presidential candidate in the general election.

The Daily Nation, July 8 – At a fundraising event, Assistant Minister of Health Stephen Mukangu calls NAC the "National Alliance for Confusion,” while North Imenti MP David Mwiraria, the DP vice-chairman, counters that harambees [fundraisers] had become necessary because KANU has impoverished the people. At another event, two other assistant ministers - Wycliffe Osundwa and Joseph Kimkung – say KANU is determined to frustrate efforts by NAC to field a single presidential candidate. Kimkung says NAC leaders Kibaki (DP), Kijana Wama lwa (Ford-Kenya) and Cha rity Ngilu (NPK), stood no chance of assuming the country's top seat "because they lacked leadership qualities.”

The Daily Nation, July 9 – NAC announces that it will become a political party in time for the general election. Party leaders Mwai Kibaki and Michael Wamalwa were among 40 politicians gathered at Nyeri to approve the new party's constitution; National Party of Kenya leader Charity Ngilu is absent. To be called the National Alliance Party of Kenya, the new party will field candidates from NAC member parties. The meeting, attended by at least 20 MPs, draws up election nomination rules and regulations for the party's electoral board.

The Standard, July 9 – NAC will not name its presidential candidate until KANU identifies its own. “We shall not name our candidate now because KANU is waiting to tear us apart,” said NAC steering committee member and Dagoretti MP Beth Mugo. Meanwhile, NAC pleads with presidential aspirant and Nyaribari Chache MP Simeon Nyachae to “see the light and join” the alliance. “We do not know what Nyachae means when he says we have no formula (of nominating the presidential candidate). He should now see the light and join NAC,” said Mugo. She says NAC is confident of forming the next government, and it would be unfortunate for Nyachae to remain alone in “future opposition parties.”